Attorney Sanford Rubenstein, joined by Javier Payne's sister and mother, filed a $25 million lawsuit against the sergeant and the city.

On the eve of testifying at a police tribunal, the teen who nearly died after he was smashed into the window of a Bronx hookah bar by an NYPD sergeant said his assailant should be booted from the force.

Javier Payne, 15, is scheduled to appear Wednesday in the NYPD trial room at One Police Plaza where Sgt. Eliezer Pabon is charged with using "unjustified force" against the handcuffed boy on May 17, 2014.

"What he did to me wasn't right and he could do it again," Payne told The Daily News. "I feel he should lose his job."

The Bronx district attorney declined to press criminal charges against the sergeant because a glazier claimed the window was defective, but the Civilian Complaint Review Board found that the sergeant used excessive force.

The incident occurred after Payne and a 13-year-old pal were arrested for punching a man in the face after asking him for a cigarette.

Javier Payne is the plaintiff in a $25 million lawsuit against the sergeant and the city.

(Michael Schwartz /for New York Daily News)

Javier Payne, was critical condition after his head was shoved through a plate glass window of a hookah bar by an NYPD cop.

(Handout)

Javier Payne, was critical condition after his head was shoved through a plate glass window of a hookah bar by an NYPD cop.

A surveillance camera at Hookah Spot on Arthur Ave. captured the action as Pabon rushed at the handcuffed youth facing the window, and in a clearly unprovoked action, struck the teen with his left arm.